Re: Re: Tilley v. TJX Companies and Dennis East Intl.

Thank you to everyone who gently pointed out my oversight in Section 106. I did not fully appreciate the extent of the exclusive rights granted to authors.

On Mon, 6 Oct 2003 5:29pm, John Noble wrote:
> Sec. 106 prohibits unauthorized distribution as well as unauthorized
> reproduction. There is no scienter requirement, i.e. no need to prove
> that the infringement was willful. It makes a difference in the
> determination of damages, however. A sharp distributor will have an
> indemnification agreement from the wholesaler; and even without an
> agreement, could sue the wholesaler for indemnification on these facts.

Roy Murphy \ CSpice: A Mailing List for Clergy Spouses murphy@panix.com \ http://www.panix.com/~murphy/CSpice.html Received on Tue Oct 07 2003 - 19:47:15 GMT